Regulating Maritime Autonomous Surface Ships (MASS): Challenges and Prospects.

Abstract

Maritime Autonomous Surface Ships (or ‘MASS’) are a revolutionary technology that in the near- to medium-term are set to transform the maritime industry. As this technology reaches maturation, it is expected to lower shipping costs and improve safety, because it will greatly reduce – and maybe even entirely eliminate – the need for human seafarers and with them the potential for human error. That said, MASS also present significant regulatory challenges, because the law of the sea was developed with manned ships in mind and, particularly in respect fully autonomous ships with no human oversight, the existing regime will therefore struggle to accommodate MASS. Against this backdrop, this study assesses the challenges and prospects which MASS present for maritime regulation. The commentary looks particularly at the classification and design of MASS, the criteria for what makes a ship a ship in international law, and in particular the role of the master, along with how liability questions are impacted by AI systems. Overall, the commentary argues that, while the introduction of MASS present many not insignificant challenges to current maritime regulation, there is also a good prospect for regulation to play a proactive role in shaping the technology in a two-way process which can seek to maximise the benefits of MASS while minimising the potential for harm.

Artificial intelligence (AI) is a revolutionary technology, which is rapidly finding its way into every facet of life, from schools to workplaces, the home to healthcare. The increasing adoption of AI in turn raises a number of legal challenges, related to how to understand their ability to engage in autonomous action. Central to these discussions is in turn the question of whether, and on what criteria, AI could be afforded legal personality. This is the question which this discussion is focused on. The discussion assesses what constitutes legal personality, both natural and juridical, along with the rights and obligations which arise form legal personality, and the link between legal personality and liability. On this basis, the arguments both in favour and against giving legal personality to AI are then assessed. The study concludes that, although AI may be ascribed a limited form of legal personality, this is not necessarily the best way to deal with the legal challenges that AI systems present.